Pre-Mortem Will ValidationPre-Mortem Will Validation

Casey Stengel, the legendary baseball manager, famously observed “never make predictions, especially about the future.”¹ In the context of estate planning, his words ring particularly true. How many will contests take place after the estate planner has assured the client that the planning is good, and the client can rest (in peace) knowing that their assets will be distributed in accordance with their wishes? 

Will contests, by their very nature, are intended to challenge the express intent of the testator. The classic methods of attack are grounded in claims of lack of adequate capacity or in allegations of undue influence. The motivations of those contesting the estate planning run the gamut.  

Some truly believe the testator lacked test...